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(영문) 대전지방법원 2016.10.20 2016노1721

명예훼손

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 800,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles and misconception of legal principles, which affected the conclusion of the judgment, although the defendant's text message as stated in this part of the facts charged is merely an expression of opinion, and even though it cannot be seen that the social value or evaluation of the victim is changed due to the above text message, the court below which found the defendant guilty of this part of the facts charged.

B) Even if this part of the facts charged is guilty, even though it is a simple crime and does not constitute concurrent crimes, the court below's decision that recognized this part of the facts charged against the defendant as concurrent crimes is erroneous in the misapprehension of legal principles and affected the conclusion of the judgment. 2) The sentence of the court below against the defendant of unfair sentencing (one million won of fine) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (not guilty portion in the original judgment) falls under a specific fact that may infringe on the social value or evaluation of the victim, and thus, the judgment of the court below which acquitted the defendant on the charge of this part of the facts charged is erroneous in the misapprehension of facts. 2) The sentence of the court below on the defendant of unfair sentencing is too uneasible and unfair.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The lower court also asserted to the same effect as the grounds for appeal on whether text messages constitute a statement of fact, and the lower court, based on the evidence duly admitted and examined by the lower court, acknowledged the fact that C filed a complaint for injury to C around December 2012, but C received the verdict of innocence, and further investigated by the police by means of falsity, “C would have the renewed imprisonment to re-examine by manipulating it by falsity and re-examine it by the prosecution.”